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MARITIME LAW. Reported for the Marine Record, INJURY TO MATH ON, VOYAGE—-NEGLIGENCE Bret: _ OF MASTER, 4 } Court of Wisconsin; Matthews vs. ase & Knapp, fled Nov. £5, 1884. “The own: rs of « veasel are not Mable for - ‘Abjary to the mate due to the negligence of the master. Thompson vs. Herman, 47 Wie., 603, distinguished, Turner & Sloan for respondent, Charles H. Lee and Geo. H. Noyes for ap- pelants. : Cole, Chief Justice. The defendants were owners and the plain- tl was mate of the echooner J, I. Case. In August, 1882, during a voyage from Mil- waukee to Escanaba, thence.to ports on Lake Erie, the plaintiff, while battening a hatch during heavy weather, was struck by a portion of the yaw! boat, which had been left on the deck, lashed to the vessel’s rail, and was broken up by the seas which came aboard. For injuries thus sustained this euit was brought, charging negligence of the master: first, in overloading; second, in stowing the yaw] boat; third, in steering the vessel so that she fell off and shipped the sea, which occasioned the injury. Defendants demurred to the complaint as not stating a cause of action. The court bee low overruled the demurrer and held the complaint sufficient, and from such ruling appeal was taken by detendante. It will be seen that whatever negligence there was, either in improperly loading the vessel, or in placing the yawl bout on deck without securely fastening the same, or in negligently steering the vessel into the trough ef the sea, was the negligence ot the master alone. There is no averment that the vessel was not properly equipped when she left Milwaukee. It 1s only alleged that when the schooner encountered the storm there were not the usual and proper mechanical appliances upon the vessel for carrying and securing the yaw! boat on deck. But non constat, such ap- pliances had been furnished by the owners. If there were any omissions of duty on the part of the owners, in that regard, or in fail- ing to equip the vessel properly at the outset of the voyage, or in the selection of a com- petent master, the fact should have been dis tinctly alleged. But the inference is irresist- able, from the facts stated, that the injury was caused solely by the negligent acts of the master, ‘unless there were contributory negligence, against which the owners ‘ could not guard. ‘The owners were not pres- ent, and it was impossible for them to at- tend to the loading of the vessel, or to direct her management on the voyage. From the necessity of the case these’ duties had to be entrusted to the master and crew. On what ground, then, can it be claimed that the own- ers are responsible to the plaintiff for an in- jury resulting trom the negligence of the master in loading aud anaging the ‘vesrel ? Were not the mate and muster fellow ser- vante, engaged in the same employment or common eervice? It seems to us they must be so regarded, and that the case comes with. in the familiar rule of law, which has been 8o frequently announced by this and other courts, that the employer is not responsible for an injury occasioned to one employe through the negligence of another employe, engaged in the same service or undertaking. There is no tact stated which will take the case out of that rule of law. The decision in Thompson v. Herman, 47 Wis. 603, (s.c.8.N. W. Rep. 579) is relied on to sustain the ac.ion; but the facts of that case are quite dissimilar tu those stated in this complaint, as was shown by defendant’s counsel on the argument. That wasan ac- tion by an ordinary seaman against the owners, one of whom was the master, for an injury caused by the negligence or un- skillfulness of the master. There was a joint demurrer to the complaint, on behalt of all the defendants, which was sustained in the court belew. ‘This court overruled the or- der holding thecomplaint sufficient. There the master ordered the plaintiff to ad- just the rigging in a dangerous manner, though the plaintiff protested and suggested a safer way. But the master refused to adopt the safe course and imperatively or- dered the work to be done ina dangerous manner. ‘The plaintiff, while in the careful discharge of his duty, obeying the master’s order, fell and was injured. It was held eeceerpeneeenrenseer sa that the plaintiff might recover on the facts stated. The decision is pliced mainly on the peculiar character of the employment and the relations existing between the mas ter and a common seamun outside of port, But, as we understand, the relations of mate and master are eowewhat diflerent from that a master holds to a common seaman, The mate, in some cases, exervises the functions of the master, He has more or less control in the loading and management of the ves- sel, Itis his duty to exirelse more or legs superintendence over everything. It was his duty here to batten down the hatch, and in doing so, to use care and discretion. He could see that the yaw! bent was not securely fastened, and was liable to be thrown against him, He might have used means to prevent such an accident; but this he did not do. In any view which we have been able to take of the complaint it fails to state a cause of action. The order of the circuit court, overruling the demurrer, is reversed, and the cau remanded, scene go icaoeegiplindinoticertepieret GENERAL NEWS. The opposition to the continuation of the fishery clause in the treaty of Washington among the Portland fish dealers is as lively, if not more so, than the exertions of our Provincial neighbors for its renewal. Bids wi!l be advertised for by Oom- missioner Cregier in a few days for the con- struction of the Adams atreet viaduct at Chicago. The Pennsylvania railroad com- pany has not yet decided to lease the desired land te the city. With the beginning of the new year the time for taking observations by the signal service was made eight minutes and twelve seconds earlier, so as to conform to the standard or the seventy-fifth meridian time, instead of Washington local time, as hereto- fore. © 1p Twenty-five years ago, no salt was made in Michigan to speak of. About that time the state offered a premium of ten cents on every bushel manufactured in the state. This gave impetus tothe sinking of salt wells and the manufacture of salt until now the output of salt in that state is about 3,000,- 000 barrels annually.” ; An English contemporary find fault with the extravagance of Canadians in building the Welland canal, when communication between Jakes Erie and Ontario could be had’ by means of the Niagara River. It does look a little superfluons for a fact, but after all we don’t blame navigators for not taking too many chances in trying to sail up Niaragi Falls. The coastwise shipments from Chicago by lake,~in- transit through Canada, during 1884, were as follows: ‘l'o Midland, 1,272,955 bushels corn, 217,064 bushels oats; to Col- lingwood, 923,765 bushels corn, 411,781 bushels oats; to Point Edwards, 1,300,911 bushels of corn, 96,031 bushels of oats; to Sarnia, 280,416 buehels corn. ‘Total, 3,778,047 bushels corn, 724,876 bushels oats. The exports by lake to Canada from Chi- cago during the yearin American versel8 were valued at $1,974,287.15; in foreign vee" sels, $382,276.69, total, $2,356,563.84. Of this amount the corn was valued at $1,246,893.10, and consisted of 2,279,569 bushels. The wheat was valued at 952,658.91, and con- sisted of 1,126,743 bushele, There have been thirty-six vessels built in the Maine district during the present year, with an aggregate tonnuge ot nearly 26,000 Seven of the number were steamers, fou; ‘were ships, and the remainder were schoon- ers. There are five vessels still on the stocks, one being a large ship and another a steam- er, which will increase the tonnage to over 29,000, showing a decrease of over 6,000 tons as compared with the tonnage built last year. Sixteen vessels of different classes were built ‘in the shipyards of Balttmore during 1884, including two steamers, one bark, six schooners, five tug boats, two barges. The total tonnage was 2,318. The cost of the ves- sels was $238,250. In 1882, 25 vessels were built, representing 3,152 tons, valued at $334,. 000; in 1888, 19 vessels were built, aggregat- ing 3,116 tons, valued at $331,000. For the year 1883 there were built in the counties of Dorchester, Wicomico, Somerset and Anne Arundel 41 vessels, making a total of 2,194 tons and valued at $153,800. THE MARINE RECORD. ‘Nhe New England Ship Owners’ Assocla- {ion at Boston disenssed the new Spanish trenty, and adopted a resolution declaring: “We must heartily indorse the same, with the recommendation that the Spanish Enst India possession be allowed to participate in all the benefits of this treaty, an, that the privileges to the carrying trade be confined to ves-els. built and owned in the United States and Spain.’’ 3 A important vontract has been made in New York which calls for the delivery of about 2,000,000 pound of Luke Superior ingot copper. Deliveries are 1o be made monthly for the five months next ensning, beginning with January, Buyers are to have the option of tuking 25 per cent more than the quantity specified: within. the | five months, but binding themselves to purchase none but brands controlled. by the Calumet and Hecla Company in the interim. The price of deliveries is to be based upon the average of chill bars in the London market between the 16th and 25th of each of the five months covered by the contract, Experiments with the telegraph cable be- tween a lightship and the shore is now be- ing carried out in England, ti legraph com. munication having Leen established between the Sunk Light vessel and Walton-on-the Nuaze, a distance of xbout nine miles. Not only are the Morse and Wheats'one in- struments working efficiently between these two points, but the telephone. which it wa’ feared the noise at the lightehip would have interfered with, is a complete success. ‘I'he mode of taking the.telegraph cable into the lightship so as to avoid as much a possible all risk ot ita fouling. the vessel’s moor!ngs is an alteration in detail of the plan originally proposed and illuminated. by the model shewn at the Fisheries. Exhibition, and has involved the substitution of alength of steel wire cable, of which the telegraph cable forms the core, for the double linked chain cable within which it was intended that the telegraph cable should be. Not- withstanding unfavorable weather, all the details of the enterprise have been carried | out in a satisfactory manner. HARBOR IMPROVEMENTS. Special to the Marine Record. WasHINGTON D. C., December 29. OHIO HARBORS, The House Committee on rivers and har bors’ is ‘at work on its appropriation bill, which it hoped to have ready the Ist of January, Asa rule the committee is grant- ing appropriations at the ratio of about one- third of the engineer’s estimates. The measure will be almost similar to that passed at the last session. ‘There will be some new projects incorporated, and some improve- ments represented in the Jast law will be omitted in the make up of the new one, The fact that the committee has announced its determination to refuse a hearing to any delegations who want to speak in behalf of this or that improvement meets with dieap- proval in many quarters, but the shortness of the time which the committee can work on the bill torbids that they delay very much, The following are the appropriations for some of the Ohio improvemente so far as acted upon: 4s Agineer’s Amoun Harbors. Estimates | Appropriated. Ashtabula Harbor. ove | 500 Black River 18,000 #3000 Conneaut 000 Nothing Fairport. 80,000 000 Huron. 8,000 The estimate for Cleveland harbor is $800,- 000, but the committee has not yet reached the item. ‘The probability is that Cleveland will got $100,000. RACINE HARBOR. The report of Assistant U. 8, Engineer W. H. Hearding on the improvement of Racine harbor states that it is proposed to replace the euperstructive built in 1869, about 340 feet in length, and to maintain the present channel. ‘Ihe funds asked for the fiscal year ending June 30, 1886, it is pro- posed to expend in dredging, in extending the south pier and in current repairs. The project for extending the south pier is con. tinued in the annual report of the chief of engineer’s for 1883. The work is necessary for arresting the drift of sand into the har- bor and to reduce the funnel shaped entrance to prevent disturbance within the the harbor by waves entering the present wide mouth. The amount required for completion of ex- isting project is $35,000 that amount can be profitably expended in the fiscal year ending June 80, 1886, } A dredging ‘Maebine, with two. dump scows and service of a tug boat, was hired for the purpose of dredging in the channel between the harbor piers. ‘Phe total quantity of matertal excavated during the season was 17,466 cuble yards, which pro. vided a channel of about 60 feet’in width and 16 feet in depth, about mid distance be- tween the piers for the whole length of the harbor channel, beginning at a point inside the shore line, and extending to the line of the natural depth of 16 feet of waterin Lake Michigan. i iN «A plat of the soundings thken. shows that the bank on envh side of the dredged chan. nel bus been leveled or flattened by the action of the waves from the lake during the winter, so that the sand thus displaced, together with that which has. been in- troduced from the lake shore, or head out- side, hus reduced the depth of water in the channel to 1314 feet but as the present stage of water is more than one foot above datum, vessels drawing not more than 14 feet ot water can enter the harbor without: diffi. culty, Large quantities of sand are being removed from the beach by parties sowning property adjavens tothe north pier. A section of the superstructure of the north ‘pier ad joing, the. lighthouse crib, and extending eastward fora distance of 340 ‘feet; is.in a bad condition, and should be rebuilt as soon as possible. ‘This section is 20 feet in width and was constructed in 1869. ‘The, cost of cutting down and rebuilding. this section including protection piles, is estimated at $5,825. : ‘ The present supply of stone ballast is sufficient for. this section of) piers. The trestle work which carries the foot work from the lighthouse crib to the outer beacon light has many unsound timbers in it, and, in replacing the uprights, two hundred dollars would probably cover the cost of the, new material required. WAUKEGAN HARBOR. In the improvement of Waukegan harbor, funds available for expenditure during the fiscal year ending June 80, 1886, it is pro- posed to. expend in. completing. the pier work, and in dredging the entrance .and inner basin. , The work as yet has not advanced suffi- ‘olently to be of any advantage to comfiiérce, The amount required for completion of ex- isting project is $91,000. ‘The amount that can be profitably expended in fiscal year ending June 80, 1886, is $75,000. The work of pile driving for the extension of the south pier was continued by purchase of materials in the open market and hired labor ; 226 running feet of pier extension was completed as proposed. The construction of the north pier as pro- pored will check the advance of the shore drift, ard provide a better entrance to the basin. ‘he breakwater provides shelter tor a few fishing boats, one of which is a small steamer. E. Detective Lynelr, of the Buffalo police de- partment, has succeeded by chance in cap- turing a band of smugglers who have been giving the United States officials there con- siderable trouble of late. Lynch happened to be passing Chippewa market about mid- night last night when he discovered three men, who afterwsrd gave their names as James ©’Hara, Fredrick Lint, and John Buckner, driving up to the saloon of August Ulrick, and, after awakening the proprietor, unloaded the contents of a wagon consisting of 1,600 pounds of butter, sixty-five pounds dressed chickens, fifty pairs of woolen mittens, An examination showed the goods to have been smuggled, and the men and property were turned over to the United States authorities. Later, on information received from the men, William Cramer, who with O’Hara brought the goods across the river, was captured. The other two men are Canadians, and brought the goods over in a rowboat. The officials say the pang has been carrying on a big smuggling usiness, the merchants at Chippewa market buying the goods from them. The common feeling is that there will be a general revival of business all along the line. In New York and Philadelphia be- tween $40,000,000 and $50,000,000 in divi- dends was paid on the lst. The eastetn pa- pore say that the list of unemployed is lees y 40 per cent than one month ago. The beara and croakers have had their day, and should be sent to the rear and kept there.